Browsing by Author "Igbayiloye, Oluwatosin Busayo"

Now showing 1 - 17 of 17
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    A Critique of National Response to Space Activities: The Nigeria Situation
    (2018) Olatinwo, Khafayat Yetunde; Igbayiloye, Oluwatosin Busayo
    The 1957 space travel by the Soviet Union and United States opened up the prospect of outer space exploration. The reality of space exploration and space-based technology prompted the world community to put together principles at International level on the use of outer space. This paper intends to discuss some of the national responses of some states in respect of their space activities to complement International Space law vis-à-vis the effort of the Nigeria government in putting in place legal mechanismn to regulate its space activities and the adequacy of such laws. This paper adopted doctrinal legal method of research as it discussed some of the national responses of some states in respect of their space activities to complement International Space law vis-à-vis the effort of the Nigeria government in putting in place to regulate its space activities and the adequacy of such effort. It found that, even though Nigeria has put lots of effort in its space activities by launching Satellite for different purposes, it is yet to make laws specifically to regulate its activities in Outer Space. The available regimés addressed were found to be insufficient. Hence, recommendations were suggested to cater for the lacuna which includes the need to have a Nigerian Space law which would take into consideration some of the provisions identified in the Laws of other jurisdiction addressed.
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    Adopting a Rights-Based Approach Towards the Legal Protection of the Nigerian Child
    (Faculty of Law, Adekunle Ajasin University, Akungba, 2016) Niyi-Gafar, Oluwabunmi Lucy; Igbayiloye, Oluwatosin Busayo
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    An assessment of the regulatory legal and institutional framework of the mining industry in South Africa and Kenya for effective human rights protection: Lessons for other countries
    (Pretoria University Law Press, 2021) Igbayiloye, Oluwatosin Busayo; Bradlow, Danny
    The priorities of African governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area of protection of communities and their environment affected by activities of the extractive industry, is essential to tackle the environmental and social outcomes of mining activities. In this article the legal and institutional framework regulating the mining industry in selected jurisdictions in Africa is examined to determine the extent to which they respond to the problems arising from the development of mineral resources, particularly the human rights violations caused by the adverse impacts of mining. Some lessons are drawn for the benefit of other countries. The article argues that some of these mining policies poorly encourage effective protection of affected communities, particularly human rights, in mining developments. The article proposes that mineral legal regimes need to be strengthened for the effective protection of affected people and their environment.
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    An overview of the international frameworks on business and human rights
    (Published by Faculty of Law, Ebonyi State University, Abakaliki, Nigeria, 2017) Igbayiloye, Oluwatosin Busayo
    Business and human rights began to emerge on the globe due to the increase in transnational corporations and the impact of their activities on or TNCs have been found to either violate human rights directly or indirectly and existing international instruments are inadequate to hold businesses accountable. However, the attention of the organisations like the United Nations was drawn to this anomaly, and international standards began to evolve. These standards emphasize for the first time that apart from States, businesses can also be responsible and held accountable for human rights violations. Against this background, this paper identifies existing frameworks including regional frameworks relating to business and human rights. It examines emerging standards on the subject. The method adopted in this paper is doctrinal and it reveals that the standards for States and businesses are voluntary guidelines and are not legally binding on them. It recommends that States make efforts to develop policies reflecting these standards to prevent violation of human rights. It concludes that if states do not take necessary steps to ensure that businesses respect and fulfill human rights in the process of carrying out their activities, abuse of human rights will increase.
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    Corporate social responsibility (CSR): An approach to mitigating adverse impacts of mining operations
    (Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, Ilorin, 2023) Igbayiloye, Oluwatosin Busayo
    Mining is intrinsically associated with serious environmental and social consequences. Mining businesses, on the other hand, can offset these negative effects by effective corporate social responsibility (CSR) efforts that promote sustainable practices, engage with local communities, improve worker safety, and support local economies. A robust CSR strategy not only help mining businesses develop positive connections with local stakeholders, but it also contributes to their long-term viability and reputation. By incorporating CSR into their operations, mining firms may strike a balance between economic success and the well-being of the communities and ecosystems they impact, ensuring that mining benefits society and the environment. CSR provides a framework within which mining companies can incorporate human rights principles and sustainable practices into their operations. Mining businesses that implement CSR integrate their business plans with the concepts of sustainability, ensuring that they contribute positively to society and the environment while remaining profitable. This article by adopting doctrinal analysis examines CSR as an approach to curb the adverse impacts of mining operations. It discusses the correlation between CSR, sustainability and human rights and indicated that CSR is a strategy to incorporate principles of human rights and the concept of sustainability in mining activities. The article recommends that CSR programs should priortise principles of human rights and sustainability, minimise negative effects and maximise benefits to the environment and local communities and ensure that activities are carried out in an ethical, responsible, and sustainable manner.
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    Domestic Frameworks for Monitoring implementation of the convention on the rights of persons with disabilities (CRPD) in Africa: Nigeria and South Africa in perspective
    (Department of Public Law, Kogi State University, Anyigba, 2013) Niyi-Gafar, Oluwabunmi Lucy; Igbayiloye, Oluwatosin Busayo
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    Harmonization of policies governing extractives for the protection of human rights and the environment: A means for effective regional cooperation under ECOWAS
    (Marathwada Mitra Mandal's Shankarrao Chavan Law College, Pune, India, 2025) Igbayiloye, Oluwatosin Busayo; Hassan, Rasheedat Abimbola
    ECOWAS and the African Union (AU) have taken regional measures to stop and avoid the abuse of right perpetrated by Africa's extractive industries. Different countries have responded by taking certain actions to address the harmful effects of the activities of the extractive sector by creating policies, reforming relevant laws, and establishing relevant bodies to serve various functions and ensure the implementation of the policies. The implication is inconsistency and lack of uniformity in the frameworks across the countries under ECOWAS. Hence, harmonization of the regulations regarding the control of the acts of companies in the industries is necessary for effectual protection of human rights and the environment in ECOWAS. This is crucial due to the vast resources of the continent and the significant effect of the industry on the populace and the environs. This paper seeks to discuss the importance and benefits of harmonization of the relevant regulatory frameworks and institutions within ECOWAS regarding the control of extractives so as to ensure the protection of peoples' rights and the environs. The paper adopts an analytical approach, as it would analyze regional frameworks and policies of extractive industries, in selected West African countries and find out the extent to which these policies are aligned to regional laws. The paper further identifies the challenges associated with having different policies across member states, and argues that a central coordination would ensure that all state members adhere to similar environmental and human rights criteria, to mitigate the ecological footprint of the activities of extractives. The paper suggests effective collaboration among member states to realize the harmonization of policies to adequately safeguard human rights and the environment and the ultimate goal of sustainable development in the extractive industry.
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    International law and the right of children with albinism in education
    (Faculty of Law, University of Ilorin, Ilorin, 2020) Niyi-Gafar, Oluwabunmi Lucy; Igbayiloye, Oluwatosin Busayo; Onuora-Oguno, Azubike Chinwuba
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    International Law and the Right of Children with Albinism in Education
    (Faculty of Law, University of Ilorin, 2020) Niyi-Gafar, Oluwabunmi Lucy; Igbayiloye, Oluwatosin Busayo; Onuora-Oguno, Azubike Chinwuba
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    Legal Response to Human Rights Challenges of Multinational Corporations in Nigeria
    (Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2015) Igbayiloye, Oluwatosin Busayo; Ojibara, Hameenat Bukola; Ugowe, Anthonia Omosefe
    The duty to protect human rights is no longer the sole duty of states but also that of other parties like the multinational corporations, companies and business enterprises which are all part of the private sector. This is because it has been observed that this sector, particularly multinational corporations also violate human rights as their operations have an effect whether positive or negative on the rights of a group of people which includes employees, customers and communities in which they operate. Hence, the subject matter of business and human rights is a trending issue at the international level. This paper discusses the problems posed by the private sector, specifically the multinationals, and how they violate human rights in Nigeria vis-a-vis the response by the government. The paper finds that the response is poor and the consequence is the increase in violation of human rights in the country. The study recommends that actions be taken to strengthen the laws and develop measures that directly relate to business and human rights. Having examined what is obtainable in other jurisdictions like South Africa and Australia, the study equally recommends that the government follow in their good footsteps.
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    Litigation against MNCs: A Medium for accountability for human rights violations in the mining industry
    (Department of Commercial and Property Law Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State, 2025) Igbayiloye, Oluwatosin Busayo; Niyi-Gafar, Oluwabunmi Lucy
    Lawsuits against multinational corporations (MNCs) are one of the means to hold companies accountable for violations of human rights in sectors like mining, where the consequences on the environment and local communities are often severe. Notwithstanding the massive financial power of large multinational firms, lawsuits offer a means of seeking justice, righting wrongs, and defending human rights standards. Numerous mining operations take place in countries with weak regulatory frameworks or where the government may be complicit in human rights abuses such as forced displacement, child labour, and environmental damage. In some cases, litigation may be heard under the jurisdiction of the parent company's native country's courts while it may be difficult to institute legal action against companies that committed such wrongful acts. This could compel the multinational corporation to take responsibility for its foreign operations. Therefore, this article discusses litigation against MNCs as an important tool for corporate accountability in the mining industry and instances MNCs have been accused of violating human rights in the US, UK, and Nigeria. The analysis takes into account the achievements as well as its shortcomings in addressing the violations. This research also examined several barriers to lawsuits against corporations. They have the power to keep victims from getting justice for alleged wrongdoing and human rights abuses by businesses. It states strategies to strengthening and enhancing the effectiveness of litigation against MNCs and businesses.
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    Mining Development in Nigeria: A Human Rights Based Approach
    (Bahria University Law School, Bahria University, Islamabad, Pakistan, 2024) Igbayiloye, Oluwatosin Busayo
    The mining sector in Nigeria is one with prospects and potentials of generation of employment, improved national income earnings and economic growth. The nation has mineral resources spread over its various regions with some in commercial quantities. The sector became an area for diversification due to economic recession and to promote investment in the sector, certain reform was undertaken by the administration. In as much as exploration of mineral resources can generate economic increase and benefits for the population and the country, such mining activities pose threat to people and the environment. This is due to weak laws and poor governance in the sector. A sustainable mining industry offers a route for swift growth. Against this backdrop, this paper employs doctrinal analysis and adopt an analytical approach. There are six sections in the paper. In addition to the introduction, it examines the situation of mining in Nigeria; identifies and examines the legal regime and institutions of the country's solid mineral sector, and evaluates the current laws regarding human rights responsibility. It emphasizes the inadequacy of the policies governing the mineral sector concerning human rights protection in the process of development of minerals. The study proposes a right-based approach to developments in the mining industry to be able to address poor regulations and human right and environmental abuses.
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    Multinational Corporations in Nigeria and their Implications on the Right to Water
    (Faculty of Law University of Maiduguri, 2015) Igbayiloye, Oluwatosin Busayo; Niyi-Gafar, Oluwabunmi Lucy
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    Nigerian Water Resources Act and its effect on domestic water supply and more particularly domestic water
    (Faculty of Law, Al-hikmah University, 2024) Niyi-Gafar, Oluwabunmi Lucy; Igbayiloye, Oluwatosin Busayo
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    Strengthening Mining Policies for Sustainable Development of Mineral Resources in Nigeria
    (Spectrum Books Limited, Ibadan, Nigeria, 2023) Igbayiloye, Oluwatosin Busayo
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    Takeovers as an effective mechanism for corporate governance
    (University of Ilorin Law Journal, 2015) Ugowe, Anthonia Omosefe; Igbayiloye, Oluwatosin Busayo; Ojibara, Hameenat Bukola
    This paper aimed at studying the market for corporate control as a vehicle to effectively and efficiently regulate the corporate governance of a company. Corporate governance found itself in the forefront of the discuss in the business and academic world as a result of high-level scandals which led to the collapse of hitherto strong multinational companies which were once thought to be sure bets. The need for the prevention of a reoccurrence of such scandals and improvement on a company’s corporate governance system has prompted this study. In the conclusion of this paper, a balanced approach was reached for the market for corporate control and other corporate governance mechanisms were provided to ensure that a company is properly managed.
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    The Cost of Foreign Investment in the Solid Mineral Industry in Nigeria
    (Faculty of Law, University of Benin, Benin, Nigeria, 2019) Igbayiloye, Oluwatosin Busayo
    The extraction of mineral resources of a country constitutes a drive for the flow of foreign investment. Nigeria is endowed with immense natural resources broadly dispersed across the country. Therefore, mining is carried out in most states. The solid mineral sector is currently an area of diversification because of the economic downturn after the fall in the price of oil. Hence, the government took certain steps to reform the mining sector, replaced the old mining regulations to provide a viable environment to attract foreign investment for economic development. Foreign investment while undoubtedly beneficial, causes harmful effects. The costs are particularly borne by the people and environment in communities where extraction occurs. This article gives a brief background of the exploitation of solid minerals in Nigeria and highlights the benefits of foreign investment in the mining sector. This article points out that exploitation of resources have negative consequences on the rights and environments of host communities including the economy in the long run. It analyse the laws governing the mining sector and finds that in spite of the reforms, the sector is confronted with several challenges. It concludes that foreign investment in the mining industry is beneficial to the country but the negative impacts far outweigh the benefits if not effectively regulated. This article suggests that in order for the nation to maximise the benefits of these resources, it is necessary that the government adequately considers the rights of those that will be impacted by the exploitation of the resources. Government needs to strengthen these laws for adequate protection of the rights of host communities in the development that occurs on their lands.